Loading...
2005 Collective Labor Agreement with INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311 for MFD COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F 0 LOCAL 2311 ,. J." c."'. ." eriaian"'.r ), IDAHO ~y J]/ .,), Y 1-<$' .4 C'~ // !!If; 'i ~ f? 0 II" TREASURE V ~ SINCE 1903 Effective October 1, 2005 - September 30, 2007 TABLE OF CONTENTS AGREEMENT PREAMBLE ................................................,..................... .... ..... .............. 1 ARTICLE 1 - RECOGNITION ................................... ........................................ ..... ......... 1 ARTICLE 2 - DISCRIMINATION ............... .............. ....... ................. .............. ................ 1 ARTICLE 3 - PREVAILING RIGHTS ............................,................................................1 ARTICLE 4 - MANAGEMENT RIGHTS ..... ......... ........ ....... ....... ...... ...... .............. ..........2 ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF ........................3 ARTICLE 6 - UNION BUSINESS ................................................ ................ .......... ..........3 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING ............................3 ARTICLE 8 - RULES AND REGULATIONS ........ ....... ............... ...... ...... ............ ............ 3 ARTICLE 9 - INSURANCE ...................... ......... ................................... ...... ......... ..... ....... 4 ARTICLE 10 - SICK LEAVE ...........................................................................................5 ARTICLE 11 - INJURY LEAVE .......................................................................................6 ARTICLE 12 - V ACA TION - EMERGENCY - INCIDENTIAL AND HOLIDAY LEAVE ..... ............. ...... ............. ........ ...... ....... ........ ...... ...... ............. .........7 ARTICLE 13 - RELIEF PERSONNEL ......... ....... ............... ........ ...... ....... .......... ......... ...... 9 ARTICLE 14 - VACANCIES.... ...................... ..... ........... .............................. ........ ............ 9 ARTICLE 15 - PROMOTIONS . ....... ...... ............ ........ ....... ....... ....... ...... ...... ............. ........ 9 ARTICLE 16 - GRIEVANCE PROCEDURE ......... ....... ...... ........ ...... ...... .......... ......... ....1 0 ARTICLE 17 - NO STRIKES - NO LOCKOUT ...........................................................12 ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT ALLOWANCE ...... ......... ............. .... ....... .................... ................. .......... 13 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK HOURS ................14 ARTICLE 20 - BEREAVEMENT LEAVE .... ......... ........ ...... ....... ...... ...... .......... ......... ...14 ARTICLE 21- ADDITIONAL DUTY AND COMPENSATION .................................14 ARTICLE 22 - WORKING OUT OF CLASSIFICATION .....,......................................15 ARTICLE 23 - STAFFING ....... ........ ..... ............ ........ ....... ....... ....... ...... ..... .......... ......... ..16 ARTICLE 24 - SALARIES .... ....... ...... ...... ............ ........ ...... ........ ...... ...... ...... .......... ........ 16 ARTICLE 25 - ALCOHOL & DRUG POLICY .............................................................17 ARTICLE 26 - SAVINGS CLAUSE ..............................................................................17 ARTICLE 27 - EFFECTIVE DATE .........,......................................................................17 APPENDIX "A" - WAGE SCHEDULE APPENDIX "B" - DRUG & ALCOHOL POLICY 1 AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #2311 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, 5 hereinafter referred to as DEPARTMENT; in order to increase the general efficiency 6 within the Fire Department, to maintain existing harmonious relationship between the 7 DEP AR TMENT and its employees, and to promote the morale, rights, and well-being of 8 the members of the Fire Department, hereby agree as follows: 9 10 ARTICLE 1 - RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section 1, Sub-section 1 (44-1801(1)) of the 12 Idaho Code the CITY recognizes the UNION as the exclusive bargaining agent for all 13 firefighters as defined by said code excluding any clerical support staff. 14 15 ARTICLE 2 - DISCRIMINATION 16 There shall be no discrimination against, intimidation, or harassment of any 17 employee by either the CITY, DEPARTMENT, or UNION or any member acting on 18 behalf of the UNION, because of the employee's membership or non-membership in the 19 UNION or by virtue of his/her holding office or not holding office in the UNION. 20 The CITY and the UNION agree that neither shall discriminate against any 2 I employee or prospective employee with respect to his/her compensation, terms, 22 conditions, or privileges of employment because of such employee's race, color, religion, 23 sex, national origin, age, or other factors which do not constitute a bona fide occupational 24 requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine 25 bona fide occupational requirements within the meaning of this Article. 26 27 ARTICLE 3 - PREVAILING RIGHTS 28 All rights, privileges and benefits held by the firefighters at this time which are 29 not included in this contract shall remain in force, unchanged and unaffected in any 30 manner unless agreed to and memorialized in writing by both parties to the Agreement, 3 I provided that the Management of the Department may change or cancel any such right, 32 privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when COLLECTIVE LABOR AGREEMENT-page 1 of 17 1 shown to be a necessity for the best interest of the City or the Department, provided 2 further that any change, cancellation or alteration of any such right, privilege or benefit 3 cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner 4 resulting in disparate treatment, and must be with just cause by Management. Any 5 change shall be subject to the Grievance Procedure. Nothing in this Article is intended to 6 supersede the City's obligation to negotiate pursuant to the provisions of Section 18, Title 7 44, Idaho Code, or to supersede any other terms or conditions of this Agreement. 8 9 ARTICLE 4 - MANAGEMENT RIGHTS 10 The DEP AR TMENT shall have the exclusive right to exercise the regular and 11 customary functions of management, subject to the provisions of this Agreement and 12 consistent with applicable law and regulations, including, but not limited to: Determining 13 the DEP AR TMENTS financial, budgetary, accounting and organizational policies and 14 procedures; Directing the activities and operations of the DEPARTMENT; Determining 15 the levels of service and methods of operations; To create and oversee personnel policies, 16 rules and regulations not consistent with any other term of this Agreement; The 17 introduction of new equipment; The right to hire, lay-off, transfer and promote; To 18 discipline and discharge employees for cause; To determine work schedules and assign 19 work; To determine job qualifications; To take whatever action may be necessary to carry 20 out its mission. Provided that nothing in this Article shall nullify: (I) Any provisions 21 elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the 22 Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any 23 such right or privilege that is provided within Idaho Code shall be subject to the 24 grievance procedure. 25 The terms hereof are intended to cover only minimums in wages, hours, working 26 conditions, benefits, and other terms and conditions of employment. The City may place 27 superior wages, hours, working conditions, benefits and other terms and conditions of 28 employment in effect and may reduce the same to the minimums herein prescribed. 29 This Article shall not preclude the Union and the City from meeting during the 30 period of the contract to either (I) discuss procedures for avoiding grievances and other 31 problems, or (2) generally improving relations between the parties. 32 COLLECTIVE LABOR AGREEMENT-page 2 of 17 ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF 2 The CITY agrees to deduct authorized union dues, fees and assessments In 3 amounts specified by the authorized officer of the UNION, from the pay of the UNION 4 employees upon written authorization. The CITY further agrees to transmit those 5 amounts monthly to the UNION. The UNION agrees to certify to the CITY the amount 6 of authorized dues, fees and assessments. The CITY will show deductions of dues, fees 7 and assessments on the employee's monthly check stubs. 8 9 ARTICLE 6 - UNION BUSINESS 10 Firefighters elected to UNION office shall be granted time off to attend functions, 11 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 12 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the 13 Union's Contract Negotiation Committee shall be allowed time off either as leave 14 without payor vacation time at the employee's discretion, for all meetings with the CITY 15 for contract negotiations, for union conventions and for union seminars mutually set by 16 the CITY and the UNION. 17 18 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING 19 In case of personnel reduction, the member with the least seniority shall be 20 released first. No new employees will be hired until the furloughed members have been 21 given the opportunity to return to work. 22 If at any point a restructuring causes a decrease in an employee's rank as justified 23 due to Fire Department adjustments, that person will assume the next available opening 24 in that rank 25 Seniority being considered: skills, qualifications and abilities are the determining 26 factors. The DEP AR TMENT shall be the sole judge of skills, qualifications and abilities. 27 28 ARTICLE 8 - RULES and REGULATIONS 29 The rules and regulations and policies of the DEPARTMENT relating in any way 30 to wages, hours and/or conditions of employment shall be made a part of this Agreement. 31 The rules and regulations of the DEPARTMENT as provided in Idaho Code shall be 32 subject to change by mutual consent. COLLECTIVE LABOR AGREEMENT-page 3 of 17 1 ARTICLE 9 - INSURANCE 2 During the term of this Agreement, the CITY shall pay 100% of the employee 3 premiums for health, worker's compensation, dental, life, and short & long-term 4 disability insurance. The CITY shall pay the same premium and provide identical 5 coverage to the UNION for health insurance that is given to other city employees. The 6 coverage shall be comparable to the current coverage in policies, in existence as of the 7 effective date of this agreement. The CITY will pay 80% of the same premium for the 8 family health and dental in the same manner that it pays for other city employees. This 9 provision will be reviewed on an annual basis after quotes for insurance are received to 10 determine what adjustments may be needed to employee contributions to the plan. The 11 CITY further agrees to cover increases in premiums for employees up to 8.5% not to 12 exceed $15.00 per month or $180 per year. However, adjustments in coverage may be 13 necessary if premiums quoted are above that amount. Any adjustments will not exceed 14 adjustments made to other city employees. The CITY reserves the right to make changes 15 in carriers, premiums and provisions of these programs when deemed necessary or l6 advisable. The City of Meridian agrees to establish an insurance review committee that 17 will review the employee's insurance coverage on an annual basis and make 18 recommendations to the City Council. The UNION will be given a position for a 19 representative on the committee with the understanding that this member does not have 20 bargaining power for the UNION. 21 22 9.1 Survivor's Health Insurance or Survivor's Benefit 23 In the event that a firefighter dies in the line of duty, the CITY agrees to pay the 24 cash value of 50% of the accumulated sick leave remaining to the survivor of the 25 firefighter; either to the spouse, or dependant children at the survivor's choice in the 26 following manner: 27 a. Paid in one lump sum to the party or their designated trustee or representative; 28 or 29 b. Applied towards continuing health insurance coverage for the survivor, if the 30 family had been insured with the City at the time of death. After the exhaustion 31 of the value of the 50% accumulated sick leave benefit, the party may continue 32 with COBRA coverage as allowed by law, at their own expense. COLLECTIVE LABOR AGREEMENT-page 4 of 17 1 9.2 Post Employment Health Program 2 When a firefighter retires from active duty, by qualifying under the rules existing 3 under the Public Employee Retirement System (PERSI); by points, age, medical 4 disability, or by any method in existence at the time of retirement allowed by PERSI, the 5 CITY agrees to apply the cash value equivalent of twenty-five percent (25%) of the 6 accumulated sick leave remaining for that firefighter in their personal accrual account 7 with the CITY, towards continuing health insurance coverage for that retiree. After the 8 exhaustion of the value of the twenty-five (25%) accumulated sick leave benefit, the 9 retiree may continue under COBRA coverage as required by law, at their own expense. 10 The CITY will make all reasonable efforts during the term of this agreement to 1 I create a citywide post employment health benefit for all employees that may be 12 considered by the UNION. In the event a program is created and approved by the CITY 13 the UNION will have the option to re-open this agreement and substitute the citywide 14 program in lieu of this Program in Article 9.2 without penalty. 15 16 ARTICLE 10 - SICK LEAVE 17 Any member of the UNION incurring a non-duty sickness or disability which 18 renders them unable to perform their duties shall receive sick leave with full pay within 19 his/her accumulated sick leave time. UNION members shall accrue fourteen (14) hours 20 per month beginning October 1, 2005. The maximum time accumulated shall be 2920 21 hours. 22 Any UNION member whose employment with the CITY is discontinued shall be 23 paid, at their regular wage rate, for 10% of their accrued sick leave at the date of 24 separation. If an employee is involuntarily terminated by the CITY, no pay will be given. 25 Any UNION member unable to perform their duties for more that three (3) 26 consecutive shifts due to non-duty sickness or disability shall be required to provide 27 medical documentation from their attending physician that states that the employee is 28 unable to perform their regular duties or any limitations that may exist and the expected 29 length of time before the employee can return to full duty. Any employee may be 30 required to provide a physician certificate prior to the use of three (3) consecutive work 31 shifts to ensure compliance with the provisions of the Family Medical Leave Act COLLECTIVE LABOR AGREEMENT- page 5 of 17 (FMLA). An employee on medical, injury or incidental leave will not accrue any sick 2 leave benefits for leave that exceed six (6) or more consecutive work shifts. 3 4 ARTICLE 11 - INJURY LEA VE 5 When a firefighter is incapacitated on the job the firefighter shall be entitled to 6 injury leave with full monthly pay without reduction which includes the wage scale in 7 APPENDIX A, during the time period in which the firefighter is unable to perform their 8 duties or until such time as the firefighter is accepted for retirement by the. current 9 retirement system. The period of injury leave is limited to a maximum of twelve (12) 10 months and any Worker's Compensation benefits received by the member for total or 11 partial temporary disability during the employee's injury leave with full pay shall be 12 turned over to the CITY. All employees on injury leave shall be subject to an 13 examination by a Doctor acceptable to the CITY. 14 Whenever a firefighter is unable to perform their full duties as a result of a "line 15 of duty" injury or illness, the firefighter may be required to report to work in a light duty 16 status if management determines that light duty work exists or is available at that time. 17 Management has the right to determine if light duty exists. 18 The DEPARTMENT reserves the right to re-assign work schedules as necessary 19 when assigning light duty. This right shall include, but not be limited to changing days of 20 work, hours of work, and type of work to be performed. If light duty extends beyond the 2 I current month (begins in one month and extends into another), the firefighter will only 22 accumulate leave benefits at same accrual rate of a general city "forty (40) hour per 23 week" employee until light duty ends. When the firefighter returns to regular duty 24 assignment the normal leave benefits will begin to accrue immediately. If the return to 25 duty occurs within the month then the CITY will pro-rate their accrual of leave within 26 that month between a general employee rate and the firefighter rate. 27 Assigned light duty shall be strictly limited to instructions, restrictions, or 28 limitations provided by the sick or injured employee's medical doctor regarding their 29 physical or mental status. The firefighter must provide a Doctor's release to the Fire 30 Chief or designee stating what limitations or functions the firefighter is able to perform 31 and for how long (hours per day or per shift, days or shifts per month, etc.) COLLECTIVE LABOR AGREEMENT-page 6 of 17 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Assigned light duty shall in no way endanger, aggravate or prolong the full physical and/or mental recovery ofthe sick/injured employee. Light duty shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management except for the exceptions as provided within this Article. ARTICLE 12 - VACATION - EMERGENCY - INCIDENTAL AND HOLIDAY LEAVE 12.1 Vacation Leave All twenty-four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on monthly basis according the following schedule: A. Zero to four (0-4) years of service B. Five to nine (5-9) years of service C. Ten to fourteen (10-14) years of service D. Fifteen to nineteen (15-19) years of service E. Twenty (20) and over years of service 16 hours per month 18 hours per month 20 hours per month 22 hours per month 24 hours per month Maximum hours accrued shall be 720 hours. Any amount over the maximum will be lost. Any firefighter, whose employment with the DEPARTMENT is discontinued, for any reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated vacation. Vacation usage shall be governed by departmental policy, but no more than three (3) firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a change in the departmental policy. 12.2 Emergency Leave In the event of an emergency, a firefighter shall be granted leave for a minimum of four (4) hours and until the emergency no longer exists and the firefighter can return and perform their job as required. The firefighter's station captain shall have the authority to grant the immediate leave and will coordinate with the Chief or his designee, (the Station # 1 Captain), to acquire a replacement firefighter pursuant to this Agreement and Departmental policy. COLLECTIVE LABOR AGREEMENT-page 7 of 17 1 An "Emergency" for the purposes of this clause shall be a matter that could not 2 have been anticipated or known prior to the beginning of the firefighter's shift and should 3 in the discretion of the station captain be a matter of concern of great bodily harm to the 4 firefighter or their immediate family; a matter of great property loss or damage to the 5 firefighter and should only be granted in the most extraordinary of circumstances. 6 When practical the Fire Chief will be notified of the granting of Emergency 7 Leave, and if applicable, the possible length of said leave. 8 12.3 Incidental Leave 9 Incidental leave is defined as time off not previously scheduled during the 10 vacation schedule process pursuant to departmental policy. Incidental leave usage shall II be governed by departmental policy, but no more than three (3) firefighters shall be 12 allowed to use incidental or vacation leave per shift unless directed by a change in 13 the departmental policy. 14 Incidental leave shall be granted at the discretion of the Fire Chief or designee. 15 The Station # 1 Captain will be the departmental designee for the purpose of contacting 16 relief personnel as necessary, pursuant to the terms of this Agreement. 17 Incidental leave may be granted at any time, up to and including the day 18 requested, as long as no more than three firefighters have been granted vacation or 19 incidental leave on the requested day. Incidental leave will be granted for a minimum 20 four (4) hours. 21 12.4 Holiday Leave 22 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 23 holidays listed below and any additional days recognized by the State of Idaho. AU 24 holiday time shall be in addition to the employee's accumulated vacation leave, and shall 25 accrue as each holiday occurs. All twenty-four (24) shift employees shall have the 26 holiday leave added to their vacation leave. All employees shall be entitled to ten (10) 27 holidays per calendar year as listed below: 28 NEW YEAR'S DAY LABOR DAY 29 CIVIL RIGHTS DAY COLUMBUS DA Y 30 PRESIDENT'S DAY VETERAN'S DAY 31 MEMORIAL DAY THANKSGIVING DAY 32 INDEPENDENCE DAY CHRISTMAS DAY COLLECTIVE LABOR AGREEMENT-page 8 of 17 1 ARTICLE 13 - RELIEF PERSONNEL 2 The DEPARTMENT will provide qualified relief personnel with full-time 3 employees, Monday through Friday, if possible. On-call personnel will be used first 4 choice on weekends, if possible. Sufficient relief personnel shall be used to maintain 5 normal coverage of each shift period of vacation, holidays, sick leave, and fire related 6 education. Relief personnel may include current department personnel working out of 7 classification in a higher ranked position, pursuant to this Agreement. Relief personnel 8 can also be part-time paid personnel who have been certified as qualified through the 9 training program established by the DEPARTMENT. Part-time paid personnel can only 10 serve as relief in a Firefighter position, but not as Captain or Driver. 11 12 ARTICLE 14- VACANCIES 13 Any unfilled position caused by termination, retirement, promotion or otherwise, 14 except for personnel reduction as provided elsewhere in this Agreement, shall be filled 15 from a hiring list of eligible applicants on file for that position. Promotions and 16 vacancies for the position of Driver, Captain and any other positions added to the ranks of 17 the DEP AR TMENT which pertain to shift personnel shall be filled from the current ranks 18 of full-time personnel of the Meridian Fire Department. After the test is given and if 19 appropriate training has been provided for the position tested and there are no successful 20 candidates a second test will be given and if there are still no successful candidates for 21 these positions, management has the right to hire outside of the Meridian Fire Department 22 to fill the open position(s). All promotional examinations shall be given and vacancies 23 filled within 90 days. 24 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 25 fide occupational requirements within the meaning of this Article. 26 27 ARTICLE 15 - PROMOTIONS 28 Eligibility tests for promotion and newly created positions shall be based on 29 examinations given. To be considered for promotion the employee must have served one 30 continuous year in the previous position. All promotional lists will become effective 31 June 1 sl of the year that they are given and will expire on May 3151 of the year that the 32 subsequent test is given. COLLECTIVE LABOR AGREEMENT-page 9 of 17 1 Examinations will be given once every two (2) years for Drivers; and will be 2 given in the spring of each year. For the positions of Officers, the examination will be 3 given every two (2) years in the spring. The next testing for Drivers will be in 2006 and 4 for Officers in 2007, and so forth thereafter. 5 An accurate bibliography and scoring criteria for the positions being tested shall 6 be given to the eligible candidates a minimum of ninety (90) days prior to the test date. 7 In the event of an opening/vacancy for a position in which there are no qualified 8 candidates on the current promotion/eligibility list of that position, a special test may be 9 given, by mutual consent of both parties, to fill the vacancy/opening. 10 All examinations shall be impartial and shall relate to those matters which will I I test fairly the candidate's ability to discharge the duties of the position to be filled. 12 It shall be the exclusive responsibility of the DEPARTMENT to determine bona l3 fide occupational requirements within the meaning of this Article. The DEPARTMENT 14 shall be the sole judge of skills, qualifications and ability. Seniority for promotions will 15 be one-half (1/2) point per year of service up to the maximum of five (5) points. 16 Promotional examinations shall consist of a written test and assessment center. A 17 minimum of 70% will be required to pass each portion of the promotional examination. 18 Seniority points will be added after successfully passing the examination. The following 19 formula will be used to determine the candidate's final score on promotional 20 examinations. 21 Example: 81,0% Written Examination 22 + 75.0% Assessment Center 23 /2= 78.0% 24 + 4.0 Seniority Points (8 year's service) 25 82.0 Final Score 26 27 ARTICLE 16 - GRIEVANCE PROCEDURE 28 Disputes or differences arising between the DEP AR TMENT and the UNION 29 and/or individual members of the Fire Department as to the meaning or application of any 30 provision of the Agreement or of the Rules and Regulations of the Fire Department (as 31 provided in Article 8), relating in any way to employees' wages, hours and lor conditions COLLECTIVE LABOR AGREEMENT-page 10 of 17 1 of employment, shall be settled in the mam1er provided herein. For the purpose of this 2 provision, such a dispute or difference shall be referred to as a "Grievance." 3 Step One: Any employee who has a grievance shall notify the Union Grievance 4 Committee in writing within ten (10) business days from the date of the grievance, or ten 5 (10) business days from the time the employee, through reasonable diligence, should 6 have been aware of it. The Union Grievance Committee, hereinafter referred to as 7 UNION, shall within the next then (10) business days determine if the grievance has 8 merit. If in its opinion, the grievance does not have merit, no further action shall be 9 necessary. 10 Step Two: If it is the opinion of the UNION that a valid grievance exists, the 11 UNION shall present the grievance in writing to the Fire Chief within ten (10) business 12 days after their decision. All parties to such discussion will make a good faith effort to 13 resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within 14 ten (10) business days from the receipt of the written grievance. 15 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 16 present the grievance in writing to the DEP AR TMENT within ten (10) business days 17 from the receipt of the Fire Chiefs written reply. All parties to such discussion will 18 make a good faith effort to resolve the grievance. The DEP AR TMENT thereafter shall 19 give its reply in writing within ten (10) business days. 20 Step Four: If the grievance has not been resolved at the appropriate lower 21 Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer 22 the grievance to an Arbitrator by serving written notice upon the other. 23 The UNION and the DEPARTMENT shall both select an individual to represent 24 their interests in the grievance process. The individuals may not be members of, or 25 employees of either the UNION or the DEPARTMENT. These two individuals shall 26 request Director of the Department of Labor and Industrial Services of the State of Idaho 27 to supply a list of seven (7) proposed arbitrators, none of the seven (7) shall be 28 individuals that have represented either the UNION or the DEPARTMENT. Within five 29 (5) business days after receipt of this list the UNION'S representative and the 30 DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) 31 name at a time from the list until only one (1) name remains. The party striking the first COLLECTIVE LABOR AGREEMENT-page 11 of 17 1 name shall be determined by a coin toss. Both parties shall accept the name remaining on 2 the list as the Lead Arbitrator. 3 The Arbitration Board shall conduct a hearing and shall render a decision in 4 writing, which shall be final and binding on both parties, subject only to the parties' right 5 to seek vacation or modification to the Arbitration Board award pursuant to the 6 provisions of Chapter 9, Title 7 Idaho Code. 7 The Arbitration Board shall have only such jurisdiction and authority to interpret 8 and apply the provisions of the Agreement as shall be necessary to the determination of 9 the arbitration issue. The Arbitration Board shall not have any power to add or subtract 10 from, modify or alter in any way, the provision of this Agreement. The cost of arbitration 11 shall be borne equally by the CITY and UNION 12 13 ARTICLE 17 - NO STRIKES - NO LOCKOUT 14 Upon the consummation and during the term of this Agreement, no member of the 15 Fire Department covered by this Agreement shall strike or recognize a picket line of any 16 labor organization while in the performance of his/her official duties, in accordance with 17 Idaho Code Section 44-1811. 18 It is mutually agreed that there shall be no strike authorized by the UNION and no 19 lockout authorized by the CITY, except for the refusal of either party to submit to or 20 abide by the grievance procedure set forth herein. No picket line, at or around the City's 2] property, established by any other person or organization shall be sanctioned or honored 22 during the term of this Agreement. 23 The UNION agrees that as part of the consideration for this Agreement, it will, 24 within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, 25 slow-downs or suspensions of work, instructing their members to work immediately. The 26 UNION agrees that it will not assist employees participating in unauthorized work 27 stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the 28 term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and 29 picketing of the City's premises. 30 COLLECTIVE LABOR AGREEMENT-page 12 of 17 ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT 2 ALLOW ANCE 3 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 4 1975 minimum requirements for station uniform wear. The brand, style, materials and 5 color of uniforms shall be reviewed annually by the Uniform Committee. The 6 Committee shall be comprised of two (2) UNION members and one (1) member of 7 management designated by the Fire Chief. The Committee may recommend changes, but 8 the final decision shall be at the discretion of the Fire Chief. 9 Under this article the CITY shall provide each employee with $725.00 credit per 10 fiscal year for the purchase of station uniform wear or personal fire fighting equipment for lIon-duty use (i.e. flashlights, firefighting tools or equipment, etc.). New firefighters will 12 be given $800.00 credit, for the same purpose, immediately following their hire date. On 13 the firefighter's anniversary date, of the first year of service, the firefighter shall receive l4 $60.00 credit for each month between the anniversary dated and the CITY'S fiscal year 15 end. As long as the items purchased are used and consumed during the normal course of 16 employment, the City will allow the firefighter to maintain the station wear and 17 equipment personally. 18 Any unused portion of the Uniform and Personal Firefighting Equipment 19 allowance will be carried over to the following year's uniform allowance. Firefighters 20 shall not be allowed to exceed their allotted allowance. Any overage needs to be paid 21 from the Firefighter's next paycheck. This can only occur once. The ability to charge 22 shall cease until the next fiscal year. 23 The CITY will make all reasonable efforts during the term of this agreement to 24 create a different purchasing and invoicing system that may be considered by the 25 UNION. The City will make all reasonable efforts to institute a debit or credit card 26 system that will meet the accounting needs of the City without significantly hindering the 27 usual historical practice of purchases. In the event a program is created and approved by 28 the UNION and the CITY, during the course of this Agreement, will have the option to 29 re-open this agreement and substitute the CITY program in lieu of this program without 30 penalty. 31 COLLECTIVE LABOR AGREEMENT- page 13 of 17 1 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 2 The designated work period for all Fire Department personnel covered under this 3 Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under 4 the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular 5 hourly rate and twelve (12) hours paid at the overtime rate if no excluded hours under the 6 Act has been taken. Overtime shall also be paid for time worked off the Firefighter's 7 normally scheduled shift, other than a "shift trade." 8 The regular work schedule for suppression personnel shall be three (3) shifts on 9 duty every other day and four (4) days off. A shift shall be twenty-four (24) hours of 10 duty, starting at 0700. For illustrative purposes, the regular work schedule for 11 suppression personnel is listed below with an X representing an on-duty shift and a y 12 representing and off-duty shift. 13 XYXYXyyyy 14 15 ARTICLE 20 - BEREAVEMENT LEAVE 16 In the event of a death in the UNION member's immediate family, they shall be 17 entitled to twenty (24) hours and up to forty-eight (48) hours bereavement leave at the 18 discretion of the Chief. Additional leave may be granted from accrued vacation leave or 19 unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire 20 Chief or designee. 21 For purposes of this article, immediate family shall be defined as current spouse, 22 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In- 23 laws are defined as a father, mother, or grandparents of current spouse, or sister and 24 brother in-law of the employee. Adopted or "step" relationships will be considered same 25 as any other family relationship. 26 27 ARTICLE 21 - ADDITIONAL DUTY AND COMPENSATION 28 Any firefighter reporting for duty while off-duty shall have all of the benefits that 29 he/she would normally have while on his/her regular tour of duty. All additional 30 compensation accumulated by a firefighter shall be due and payable in their next pay 31 period. 32 COLLECTIVE LABOR AGREEMENT- page 14 of 17 1 21.1 Definition of Overtime and Compensation 2 Overtime pay shall be paid as defined by Aliicle 19 of this agreement. 3 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 4 normal rate of pay for all overtime worked. 5 21.2 Definition of Call Back and Compensation 6 Call Back shall be when a firefighter is requested to return to work by the 7 DEP ARTMENT at a time that the firefighter was not scheduled to work. 8 The firefighter shall receive a minimum of four (4) hours of pay, from the time 9 they receive the call, for a call back. Additional calls during that initial four (4) hours 10 will not be further compensated. Any time worked after the first four (4) hours will be 11 compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for 12 duty while off-duty shall have all of the benefits that he/she would normally have while 13 on his/her regular tour of duty. All additional compensation accumulated by a firefighter 14 shall be due and payable in their next pay period 15 Overtime pay shall be paid as defined by Article 19 of this agreement. 16 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 17 normal rate of pay for all overtime worked. 18 21.3 Definition of Holdover and Compensation 19 Holdover shall be when a firefighter regularly scheduled duty is extended from 20 the end of the shift by the DEPARTMENT. 21 Any time worked as holdover will be compensated In one-half (1/2) hour 22 increments, rounded up to the next half-hour. 23 24 ARTICLE 22 - WORKING OUT OF CLASSIFICATION 25 All employees of the DEPARTMENT covered by this Agreement, who have 26 tested and are qualified as to meeting the eligibility requirements set forth by this 27 Agreement, and are on the current eligibility list for promotion to the higher ranked 28 position, when necessary, must accept, and assume the duties of the higher ranked 29 position when it is available. No more than one person working in a higher ranked 30 position will be allowed on a company at a time, unless an extreme or emergency 31 situation exists. 32 COLLECTIVE LABOR AGREEMENT-page 15 of 17 After the completion of the promotional exams the employee may opt to remain 2 on the eligibility list or may choose to be removed at that time. At any time during the 3 life of the eligibility list the employee may opt, at their sole discretion, to have their name 4 removed. In either circumstance removal from the list will be final and the employee 5 may re-test during the next testing period for promotion to that grade. 6 The right to use personnel will be current full-time department personnel working 7 out of classification in a higher or lower ranked position, as set forth above. If an 8 employee were to work in a lower ranked position they would be paid at their.current 9 rate, not the lower wage. Each employee assuming the higher ranked duties shall be paid 10 at the wage scale of the higher position or rank, for the time worked at that position or 11 rank. Any time worked out of classification will be compensated in one-half (1/2) hour 12 increments, rounded up to the next half-hour. 13 14 ARTICLE 23 - STAFFING 15 The DEPARTMENT maintains the right to assignment and staffing of stations, 16 engines, and companies. Consideration will be given for employees to request station 17 and shift assignments annually on a seniority basis. The method for request or selection 18 will be established by departmental policy. The DEP AR TMENT retains the final 19 authority for all staffing and shift assignments. Each station shall have assigned 20 personnel sufficient to be able to staff a minimum of one (1) firefighter, one (1) driver, 21 and one (1) officer daily. Whenever circumstances exist that cause a station to fall below 22 that minimum; management reserves the right to re-assign personnel (including select 23 command officers at the Chiefs discretion), exercise "call-back", exercise "holdover", 24 exercise "working out of classification", or in extreme or emergency circumstances, take 25 an engine out of service temporarily until appropriate personnel are available. Stations or 26 engines will only be taken out of service long enough to return the necessary personnel to 27 staffthem. 28 29 ARTICLE 24 - SALARIES 30 Wages for all UNION members shall be as fixed and set forth in APPENDIX A, 31 attached hereto. 32 COLLECTIVE LABOR AGREEMENT-page 16 of 17 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ARTICLE 25 - ALCOHOL & DRUG POLICY 2 The DEPARTMENT and its UNION members agree to abide by the City of 3 Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of 4 this contract is included in this agreement as APPENDIX B. It is agreed that changes 5 made to this policy, shall not apply to the UNION without written consent of its 6 members. 7 8 ARTICLE 26 - SAVINGS CLAUSE 9 If any provisions of this Agreement or the application of such provision should be 10 rendered or declared invalid by any court having jurisdiction, or by reason of any existing 11 or subsequently enacted legislation, the remaining parts or portions of this Agreement 12 shall remain in full force and effect. ARTICLE 27 - EFFECTIVE DATE The Collective Labor Agreement shall become effective October 1, 2005 and remain in full force and effect through September 30, 2007. This agreement may be re-opened at any time for negotiations on any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. This may include items contemplated within this agreement that may require amendment or change during the course of this Agreement. DATED AND SIGNED this _ day of November, 2005. CITY OF MERIDIAN IAFF LOCAL #2311, MERIDIAN CHAPTER BY:~ Ta e-W"eerd ~ Lance Smith Mayo '/J . - ,." .,IIIII/lliYtjce-President 0j?prOWrL 6/1 t;~ ~CGi!: ~/~'JJfJ ' Iflllll" ATTEST: ~N"'f!JiS:,. f v% '.::il ,; ~ ~- ~ ~ ~ v ~ By' - - APPENDIX "A" WAGE SCHEDULE All "Firefighter" levels listed below are State ofIdaho Certification levels and must be served in one (1) continuous year before being eligible for promotion pursuant to Article 15, except for Probationary Firefighter, who are eligible for promotion to Firefighter I after six months. Wage Scale - The job classification and wage rates for employees covered by this Agreement shall be as follows: Job Titles EFFECTIVE DATES 10/1/2005 (+5%) 10/112006 (+5%) $12.74 hourly $13.37 hourly $2925.42 monthly $3071.67 monthly $35,105 annually $36,860 annually $13.75 hourly $14.43 hourly $3157.08 monthly $3314.92 monthly $37,885 annually $39,779 annually $16.14 hourly $16.95 hourly $3706.92 monthly $3892.25 monthly $44,483 annually $46,707 annually $17.80 hourly $18.69 hourly $4087,25 monthly $4291.58 monthly $49,047 annually $51,499 annually $19.20 hourly $20.16 hourly $4408.67 monthly $4629.08 monthly $52,904 annually $55,549 annually $21.38 hourly $22.45 hourly $4909.75 monthly $5155.17 monthly $58,917 annually $61,862 annually Introd uctory /Pro bationary Firefighter I Firefighter II Firefighter III Driver Captain Educational Pay: All employee's that have furthered their education and have acquired the following degrees that are related to the fire service, shall be paid the following amounts monthly in addition to the salaries listed above. Associate's Degree: Bachelor's Degree: Mater's Degree: $25.00 $50.00 $75.00 Paramedic Pay: All employees's that are Certified Paramedics by the State ofIdaho shall receive the following amount monthly in addition to the salaries listed above: $400.00 This amount shall only be available from IntroductorylProbationary level up to and including Driver. Captains and above shall not receive Paramedic pay. APPENDIX "AU - WAGE SCHEDULE APPENDIX "B" CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, and seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 1 of 12 The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering and interpreting this policy to the extent necessary to clarify it. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION 1. PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off-Duty I. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 2 of 12 the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICA TrON PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work perfonnance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform hislher supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an APPENDIX "8" - DRUG AND ALCOHOL POLlCY - page 3 of 12 alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral I. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 4 of 12 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 5 of 12 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre- employment process. 3. An applicant will be provided written notice of this policy and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 6 of 12 b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in hislher system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post- accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the APPENDIX "S" - DRUG AND ALCOHOL POLICY - page 7 of 12 individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG / ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 8 of 12 a breath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation 1. The cut-off levels for all Non-Dot testing is as follows: Drug Class Amphetamine Family Cocaine Phencyclidine (PCP) Marijuana Opiates Screening 1000 ng/ml 300 ng/ml 25 ng/ml 50 ng/ml 2000 ng/ml Confirmation 500 ng/ml 150 ng/ml 25 ng/ml 15 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 9 of 12 illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or hislher designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. APPENDIX "B" ~ DRUG AND ALCOHOL POLICY - page 10 of 12 IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XIII. DEFINITIONS i. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. 11. Applicant: Any individual tentatively selected for employment with the City. iii. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased APPENDIX "S" - DRUG AND ALCOHOL POLICY - page 11 of 12 property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. iv. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. v. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. VI. Employee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. vii. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. VIlI. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. ix. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. X. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. Xl. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 12 of 12 tJ5-493 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE MAYOR TO SIGN, ON BEHALF THE CITY OF MERIDIAN, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311, MERIDIAN CHAPTER, EFFECTIVE FROM OCTOBER 1, 2005 UNTIL SEPTEMBER 30,2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has chosen to enter into a Collective Labor Agreement with the International Association of Fire Fighters, Local #2311; Meridian Chapter, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution, the reasons and authority for which are set forth in said agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The Mayor and City Clerk are hereby authorized to enter into and on behalf of the City of Meridian that agreement denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho this 22.."..1 day of November, 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 22 It;! day of November, 2005. Page 1 of 1